Kartik Sharma[1] Introduction The determination of the adequate standard of compensation for expropriation remains a widely contested issue in International Investment law. Expropriation is prohibited in International Investment Treaties (IIAs) except for situations where certain criteria are met.  State parties can lawfully expropriate foreign investors’ properties only if they meet the listed conditions of legality.… Read More Making Expropriation ‘Lawful’ again? Examining the Debate Around Payment of Compensation as a Condition for Legality

By Fang Gu[1]  Introduction International investment law is increasingly confronting a problem it was never designed to solve: climate change. As States accelerate decarbonization policies to comply with international climate commitments, investor–State disputes arising from fossil fuel phase-outs, subsidy reforms, and environmental regulation have become increasingly common. Yet the structure of investor–State dispute settlement (ISDS)… Read More Cracking a Sledgehammer with a Nut? Provisional Measures and the Climate Governance Dilemma in ISDS

By Simeng Wang[1] Introduction On 29 March 2026, SpaceX lost contact with Starlink-34343 after what the company described only as an ‘anomaly’. Space-tracking firm LeoLabs detected tens of debris fragments in the satellite’s vicinity. SpaceX did not disclose the cause and launched a further 29 Starlink satellites approximately six hours later. A near-identical event had… Read More Closing the Accountability Gap: How Investment Treaties Can Hold Private Space Investors Responsible for Orbital Debris

By Sebastián Espinosa Velasco[1] In 2026, Ecuador’s Constitutional Court authorized investor-State arbitration without following the constitutional process required to amend Article 422, despite a recent referendum and substantial precedent expressly stating the contrary. It bypassed that popular mandate, cast aside recent precedent, and restored investor-State arbitration by interpretation. Through selectively adapted categories drawn from international… Read More The Rule of Lawyers: The Return of Ecuador to ISDS

By Simeng Wang1 Introduction  In the April 2025 UNCITRAL Working Group III discussions, Draft Article 17 on the denial of benefits (DOB), which aims to address “treaty shopping,” once again became a focal point. Although this provision attempts to enhance legal predictability by establishing an eligibility filter, the current reform approach fails to adequately account for the specificities of nationality planning by natural persons. … Read More Nationality Planning by Natural Persons: What Jason Yu Song v China Reveals About the Limits of Denial of Benefits

By Maria Paschou[1] In June 2024, the European Commission (“Commission”) initiated formal infringement proceedings against Hungary—a move that underscores a deepening conflict between the Commission’s interpretation of EU law and established principles of public international law.  The dispute centres on the Energy Charter Treaty (“ECT”) and, more specifically, on intra-EU investment arbitrations relying on the… Read More The European Commission’s Legal Overreach: Infringement Proceedings Against Hungary and the Ignored International Law

By Veronika Yefremova [1] On 11 June 2025, the 2nd edition of the book ‘International Arbitration and EU law,’ edited by Prof. Nikos Lavranos (Secretary General of EFILA; Founder NL-Investmentconsulting) and Dr. Stefano Castagna (Researcher at Wirtschaftsuniversität Wien (WU Vienna)) was presented during a book launch at the Academy building of Leiden University. This blog… Read More Unveiling the 2nd Edition of International Arbitration and EU Law: Book Launch Highlights & Book Synopsis

By Édouard Bruc and Ben Williams[1] Since its inception in 1983, the Court of Arbitration for Sport (CAS) has rapidly established itself as the world’s leading forum for sports disputes.  Yet – despite calling itself a “Court” – CAS is functionally an arbitral institution.  Based in Switzerland, CAS handles around a thousand proceedings a year,… Read More VARbitration: Advocate General Ćapeta Sees the European Court of Justice as the Ultimate Referee